ASS'N OF POINCIANA VILLAGES, INC.
v.
GURSKY RAGAN, P.A.

Fla. 3d DCA | 2018-11-28
No. 3D18-1267
261 So. 3d 669 Florida District Court of Appeal, Third District (2018)

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Holding

A petition for writ of certiorari must demonstrate a departure from the essential requirements of the law resulting in material injury that cannot be corrected on postjudgment appeal.


Headnotes

[1] To obtain a writ of certiorari, a petitioner must demonstrate: (1) a departure from the essential requirements of the law; (2) resulting in material injury for the remain…

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Key Quotes

“to obtain a writ of certiorari, there must exist (1) a departure from the essential requirements of the law, (2) resulting in material injury for the remainder of the case (3) that cannot be corrected on postjudgment appeal”

Standard for obtaining writ of certiorari

Facts & Procedural History

Association of Poinciana Villages, Inc. filed a petition for writ of certiorari against Gursky Ragan, P.A.…

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Opinion of the Court

PER CURIAM.

Petition dismissed. See Reeves v. Fleetwood Homes of Fla., Inc., 889 So. 2d 812, 822 (Fla. 2004) (holding that "to obtain a writ of certiorari, there must exist (1) a departure from the essential requirements of the law, (2) resulting in material injury for the remainder of the case (3) that cannot be corrected on postjudgment appeal") (quoting Bd. of Regents v. Snyder, 826 So. 2d 382, 387 (Fla. 2d DCA 2002) ). See also Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011) (recognizing that "[t]he last two elements are jurisdictional and must be analyzed before the court may even consider the first element").


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